Social Security Disability Definitions
Social Security Disability and SSI Overview
The Requirements for Disability
Social Security Disability and SSI Applications
Tips and Advice for Disability Claims
How long does Disability take?
Common Mistakes after Receiving a Disability Denial
Disability Denials and Filing Appeals
Social Security Mental Disability Benefits
Disability Benefits offered through Social Security
Benefits through SSI disability
Disability Benefits for Children
Disability Qualifications and How to Qualify
Social Security Disability and Working
Winning your Disability Benefits
Social Security Back Pay and the disability award notice
Disability Lawyers and Hiring an Attorney
Social Security Disability SSI List of Conditions
What is considered a Disabling condition by Social Security?
Social Security Disability SSI and Medical Evidence
Filing for Disability Benefits
Eligibility for Disability Benefits
SSDRC authored by Tim Moore
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Social Security Denied Me For SSD But Didnít Have All My Medical Records, What Do I Do?
Social Security disability examiners do not necessarily have to have all of an individualís medical records to make a medical decision on a claim. Disability examiners are obligated to request the records from all medical treatment sources provided by the disability applicant.
However, they do not have to wait until they have all the records received to make their determination. Logically, there will always be some medical sources that are extremely slow about providing medical records. Or, they may not provide them at all. So disability examiners are allowed to make a medical decision if they feel there is enough current medical evidence in file to make their determination.
If an applicant is denied for disability benefits, they have a right to file an appeal of that decision. All medical sources that are used in the medical determination are notated in the disability denial notice. If the applicant believes that some medical records were not used for their disability determination, they can always provide the medical records when they file an appeal of their disability denial.
If the disability applicant cannot send in physical copies of the medical records with their appeal, they should make sure that they write down the missing medical treatment provider (a doctor's office or hospital) on the disability report form for their appeal, so that there is another opportunity for these records to be included in the disability medical determination.
As a former disability examiner, I can say that the medical records that disability applicants feel are pivotal to their disability decision are often not that integral to the actual disability decision.
For example, if the medical records were from a treatment source that treated the disability applicant several months or years in the past, they are not going to have much of an impact on the disability determination. Disability examiners have to focus on what an individual is currently able to do in spite of the limitations imposed upon them by their disabling condition. Frankly, medical records from a year ago are not going to be very helpful.
Functionality is key in all Social Security disability determinations, and that is why having all medical records received at the time of the medical determination is not as important as one might think.
However, if an individual feels that their missing medical records would have made a difference to their disability determination, they should make every effort to just include the missing medical records with their appeal. This way they will be sure that the information will be considered as part of the medical determination for the appeal.
Return to: Social Security Disability Resource Center, or read answers to Questions
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria